Simon's Legal Resources

Human Rights (Ont) - Human Rights Tribunal of Ontario (HRTO)

. Diarez v. Staff Plus et al

In Diarez v. Staff Plus et al (Ont CA, 2026) the Ontario Divisional Court dismissed an HRTO JR, this brought against findings that the applicant's "allegations of discrimination against the respondents ... (“the employer”) had no reasonable prospect of success".

Here the court notes that the HRTO is not an 'investigative body':

[32] To the degree Mr. Diarez is alleging that the HRTO failed to conduct a thorough investigation, I note that the HRTO is not an investigative body: Shirley v. Staples Canada Inc., 2018 ONSC 1698 at para. 28.

. Donovan v. Human Rights Tribunal of Ontario

In Donovan v. Human Rights Tribunal of Ontario (Div Court, 2023) the Divisional Court considered a JR against an HRTO decision that a 'Contravention of Settlement' ("COS") had been brought past the applicable limitation period. In this brief quote, the court cites the broad procedural initiative that the HRTO has under it's Rules:

[42] The timeliness issue was raised by the HRTO. While the Police Respondents did not challenge the timeliness of the Applicant’s contravention of settlement allegations at the preliminary hearing, the HRTO is the master of its own process and is entitled to take any action that it determines appropriate, including on its own initiative. [13: HRTO Rules of Procedure, Rule 1.7 and Rule 13.]